10
Laws of Malaysia
ACT 747
(6) If the police officer is of the view that further detention is not
necessary under subsection (5), the person may be released but an
electronic monitoring device may be attached on the person in
accordance with subsections (7) and (8) for the purpose of
investigation.
(7) If the police officer intends to attach an electronic monitoring
device on the person upon his release, he shall submit a report of the
investigation to the Public Prosecutor.
(8) Upon receipt of the report under subsection (7), the Public
Prosecutor may apply to the Court for the person to be attached with
an electronic monitoring device in accordance with the provisions in
Part IIIfor a period which shall not exceed the remainder of the
period of detention allowed under subsection (5).
ILLUSTRATION
D is arrested for a security offence. After twenty-four hours of detention a
Superintendent of Police extended his detention for another seven days. At the
expiry of the seven-day period D was released but he was still needed to assist
the investigation. Upon receipt of a report from the police officer, the Public
Prosecutor may apply to the Court to attach an electronic monitoring device on
D. The Court may allow the electronic monitoring device to be attached to D up
to a period of twenty-one days.
(9) One week before the expiry of the period of detention under
subsection (5), the police officer conducting the investigation shall
submit the investigation papers to the Public Prosecutor.
(10) This section shall have effect notwithstanding anything
inconsistent with Articles 5 and 9 of the Federal Constitution and
section 117 of the Criminal Procedure Code [Act 593].
(11) Subsection (5) shall be reviewed every five years and shall
cease to have effect unless, upon the review, a resolution is passed by
both Houses of Parliament to extend the period of operation of the
provision.
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